Bribery

2021 ◽  
pp. 451-469
Author(s):  
Paul Darling QC
Keyword(s):  
Construction Industry ◽  
Public Life ◽  
Construction Project ◽  
Public Office ◽  
Unethical Conduct ◽  
Operation And Maintenance ◽  
The Law ◽  
Set Up ◽  
Construction Operation ◽  
Law Commission

This chapter focuses on the Bribe Payers’ Index, which ranked the construction industry as the sector in which firms were most likely to pay and receive bribes. It reviews the very nature of the construction industry that makes it more susceptible to bribery than other industries as large projects are complex and will often involve interaction between multiple parties. It also emphasizes how bribery can occur at any stage in a construction project, such as in planning, design, tendering, construction, operation, and maintenance. This chapter recounts the reform of the law on bribery that dates back to the Nolan Committee’s Report on Standards in Public Life in 1995, which was set up in response to concerns about unethical conduct by those in public office. It refers to the Law Commission that first made proposals for reform of bribery in its 1998 Report.

scholarly journals Dilemma in the Development of Modern Timber Architecture and Its Countermeasures

2022 ◽  
Vol 6 (1) ◽  
pp. 28-36
Author(s):  
Liang Pan
Keyword(s):  
Construction Industry ◽  
Limited Resources ◽  
Low Carbon ◽  
Technology Research ◽  
Ecological Civilization ◽  
Ecological Benefits ◽  
Carbon Neutrality ◽  
Operation And Maintenance ◽  
Construction Operation ◽  
Whole Life Cycle

Under the context that “peak carbon emissions” and “carbon neutrality” are included in the overall plan for the construction of ecological civilization in China, this paper discusses the value of modern timber architecture as a form of low-carbon and environmental protection movement in the whole life cycle of the construction field. It mainly analyzes the reasons for the limited resources, misunderstandings of inherent concepts, the high cost of comprehensive construction, and the shortage of professionals. Based on that, several countermeasures have been proposed, such as perfecting relevant norms and policies, strengthening technology research and development as well as demonstration guidance, moderately developing forest resources, applying digital construction operation and maintenance technology, as well as cultivating compound professionals, all of which provide a reference for the development of ecological benefits in China’s construction industry.

Law Reform

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Law Reform ◽  
Full Time ◽  
Supreme Courts ◽  
Members Of Parliament ◽  
The Law ◽  
Set Up ◽  
Law Commission

This chapter assesses the process of law reform in France. Although a full-time Commission has been set up in France to deal with the codification of the law, no similar permanent institution exists for keeping the law under review and for making recommendations for its systematic reform. There is thus no French equivalent for the Law Commission such as in other countries. Therefore law reform initiative has been left entirely to government departments and Members of Parliament and this is confirmed by the 1958 Constitution. Consequently, in practice, the majority of bills have their origin in government departments, and in particular the Ministry of Justice, whose function it is to deal with the organisation of the civil and criminal justice system. The role of supreme courts in reforming the law is also highlighted in the chapter.

Actuarial Assessment of Damages

1968 ◽  
Vol 94 (3) ◽  
pp. 293-343 ◽  
Author(s):  
J. H. Prevett
Keyword(s):  
Point Of View ◽  
Personal Injury ◽  
Fatal Accident ◽  
Actuarial Assessment ◽  
Working Paper ◽  
Personal Injury Litigation ◽  
Actuarial Approach ◽  
The Law ◽  
Set Up ◽  
Law Commission

The purpose of this paper is to provide an opportunity for discussion within our profession of ‘the use of an actuarial approach and actuarial evidence’ in the assessment of damages arising out of personal injury and fatal accident litigation. The need for such a paper was intimated in the pages of our Journal by William Phillips in his Review of Principles of the Law of Damages by Professor Harry Street. Since the publication of what Phillips described as ‘from the actuarial point of view…the most important legal textbook which has been published in the last 50 years’ the employment of actuaries in this field has been widely discussed within the legal profession. The most important recent development has been the inclusion of personal injury litigation as Item VI of the first programme of the Law Commission set up by the Law Commission Act, 1965. The words quoted in the first sentence above are taken from the list of ‘Questions for Examination’ under (b) of Item VI, ‘Assessment of Damages’. The current examination being conducted by the Law Commission makes this a particularly appropriate time for a sessional meeting on this subject. The writer has had the advantage of a sight of a preliminary Working Paper prepared by the Law Commission and will be quoting certain extracts from that paper below. It must however be stressed that the Working Paper is a preliminary one which attempts to do no more than canvass views: it in no way sets out the conclusions of the Law Commission on the matters discussed.

15. Illegality

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Common Law ◽  
Public Life ◽  
Case Law ◽  
Final Report ◽  
Sports Management ◽  
Administration Of Justice ◽  
The Law ◽  
Sexual Immorality ◽  
Restraint Of Trade ◽  
Law Commission

This chapter explores the illegality of contracts. Contracts which may fall within the scope of the restraint of trade doctrine are considered, including the Court of Appeal’s approach in Proactive Sports Management Ltd v Rooney. The chapter also looks at other reasons why a contract may be declared illegal or void at common law, such as grounds of public policy. Policy factors and the illegality defence are explored in light of recent case law and the Law Commission Final Report ‘The Illegality Defence’. Useful case law illustrations demonstrate how the courts have dealt with the issues surrounding illegality in a range of contexts, such as contracts to commit an unlawful act, contracts promoting sexual immorality, contracts prejudicial to the interests of the state, contracts prejudicial to the administration of justice and contracts promoting corruption in public life. The consequences and effects of impropriety and illegality are also looked at. The landmark case of Patel v Mirza [2016] UKSC 42, and its impact on the law, is also explored in this chapter.

scholarly journals Key Design Issues in the Construction Project: Conceptual and Detailed Design Review Phases

2021 ◽  
Vol 1200 (1) ◽  
pp. 012028
Author(s):  
N N Sarbini ◽  
A N Abdul Aziz ◽  
A N Mazlan ◽  
N H Abdul Shukor Lim ◽  
Mohd Fairuz Ab Rahman
Keyword(s):  
Construction Industry ◽  
Occupational Safety ◽  
Construction Project ◽  
Design Issues ◽  
Design Review ◽  
Detailed Design ◽  
Current Design ◽  
Construction Operation ◽  
Safety Features ◽  
Project Risk Analysis

Abstract The Malaysian construction industry is among the highest ranked industries that contributes to accident and fatality rates. The Guidelines on Occupational Safety and Health in Construction Industry (Management) (OSHCIM) has introduced guidelines for design risk reduction in the construction industry. It involves determining root causes and mitigating the risk by control of the causation of accidents. The objective of this study is to identify the key design issues during the conceptual and detailed design review phases in the construction project. Although some of the design considerations have already been proposed by the OSCHIM guidelines, however, further implementation need to be diverse and versatile by considering the current design practices that are already being practiced by the industry practitioners. The methodology of this research involves document reviews, and a questionnaire survey that was used to collect answers from respondents in the construction industry. According to the results, the key design issues in the conceptual phase involve the site condition, environmental influences, ground or ground water condition, existing structure, demolition, services, adjacent to major infrastructure, traffic disruption, access for works, adjacent to other properties and projects, and site restriction. Moreover, those found in the detailed phase involve the mechanized construction system, installation of prefabrication components, ease of process, structural opening, edge line, fall hazard, accident prevention, layout optimization, ease of activities, permanent safety features, provision of access, and fall hazard. However, it is the duty of the construction industry practitioners to make sure that all other design issues are also included into their construction project risk analysis. As proposed by the OSHCIM guidelines, the review of design risks in the construction project should consider safety in all the stages: during construction, operation, maintenance, modification, and demolition. Construction Industry Development Board (CIDB)

scholarly journals The League of Nations and the International Law of State Responsibility

2020 ◽  
Vol 22 (3-4) ◽  
pp. 331-362
Author(s):  
Antal Berkes
Keyword(s):  
International Law ◽  
League Of Nations ◽  
State Responsibility ◽  
The Hague ◽  
The Law ◽  
Set Up ◽  
International Law Commission ◽  
Law Commission

Abstract The League of Nations set up The Hague codification conference that focused, among three specific agendas, on the responsibility of states for damage caused in their territory to the person or property of foreigners. Scholarship has dominantly ignored or considered the work of the League of Nations in the law of state responsibility as a failure, starting the story of the codification with the International Law Commission. This article proposes to rethink the dominant view and claims that the League of Nations’ codification process not only initiated, but substantially contributed to the codification of the law of state responsibility, leading to lasting methods, concepts, principles and norms that have been integrated in the contemporary canon of the rules of state responsibility.

The Family Court of Australia: A Triumph or Disaster?

1988 ◽  
Vol 13 (4) ◽  
pp. 9-11
Author(s):  
J. Neville Turner
Keyword(s):  
Family Court ◽  
Law Reform ◽  
Royal Commission ◽  
Radical Reform ◽  
Family Courts ◽  
Divorce Laws ◽  
The Family ◽  
The Law ◽  
Set Up ◽  
Law Commission

The Family Court was introduced in Australia in 1976, almost by legislative legerdemain. There had been little debate about it beforehand. There was no Royal Commission, no Law Reform Report. There was little public agitation or debate about its merits. It was suddenly upon us, as part and parcel of the reform of the divorce laws.How this differs from the position in other countries! In England, the Law Commission invited submissions on Family Courts as early as 1970. The Finer Committee in 1974 strongly recommended them! Numerous commentators since have advocated them in one form or another. The debate continues! But none has yet been set up! France and Germany have established tribunals loosely akin to our Family Court. But they are pallid imitations only. Other countries have tried some experiments. But I know of no country, save possibly Japan, that has established such a radical reform as Australia.

scholarly journals Engineering ethics of BIM and big data application in civil engineering

2021 ◽  
Vol 248 ◽  
pp. 03069
Author(s):  
Jian Peng Xing
Keyword(s):  
Big Data ◽  
Construction Industry ◽  
Civil Engineering ◽  
Engineering Ethics ◽  
Engineering Industry ◽  
Engineering Construction ◽  
Operation And Maintenance ◽  
The World ◽  
Construction Operation ◽  
Design Construction

As the second biggest economic entity, China is conducting the largest fundamental construction in the world. Architectural engineering is an important part of fundamental construction and China is witnessing its biggest construction industry in the world. With continuous scientific and technological development, China has stepped in the big data era, which produces higher requirements for architectural and civil engineering industry. Digital engineering construction technology, such as BIM technology, effectively improved design, construction, operation and maintenance of BIM technology, effectively improved the design, construction, operation and maintenance technology and quality of large construction projects. For the time being, China is encouraging engineering application and promotion of BIM technique in engineering construction industry. Fast scale enlargement and technical innovation not only produce new opportunities for change of construction industry, but also put forth strict requirements for engineering ethics in architectural and civil engineering construction.

Peranan KPPU Bagi Pemangku Kepentingan Dalam Menegakkan Undang-Undang Larangan Praktik Monopoli Di Indonesia

Liquidity ◽  
2018 ◽  
Vol 3 (2) ◽  
pp. 190-200
Author(s):  
Muchtar Riva’i ◽  
Darwin Erhandy
Keyword(s):  
Stakeholder Participation ◽  
The People ◽  
The Law ◽  
The Government ◽  
Law Commission

The establishment of the KPPU is to control the implementation of the Act. No. 5/1999 on Concerning the Ban on Monopolistic Practices and Unfair Business Competition in Indonesia. Various duties and authority of the KPPU contained in Article 35 and Article 36 of the Act. But in reality, KPPU does not have executorial rights so that the various decisions of the commission often could not be implemented. Therefore internally strengthening of institutional existence by way of amending the Law Commission is very appropriate to be used by the government and parliament agenda. Externally, stakeholder participation is something very urgent and that the KPPU’s strategic optimally capable of performing their duties according to its motto: “Healthy competition Welfare of the people”.

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